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Bombay High CourtCAO/328/2023delay condonatedrejected

Shri Surinderasing S/O Jarnyalsingh Rehal v. Exe. Engineer, World Bank Project Division, Public Works Department, Nagpur And Others

2023-03-09Hon'Ble Justice Urmila Joshi Phalke2 pages

33cao328.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 328/2023 IN MISC. CIVIL APPLICATION (MCA) ST NO. 4641/2023 IN FIRST APPEAL ST. NO. 15052/2022 Shri Surinderasing S/O Jarnyalsingh Rehal Vs Exe. Engineer, World Bank Project Division, Public Works Department, Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr S.S. Ghate, advocate for the applicant/appellant. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 09/03/ 3.

1.

This is an application for condonation of delay which is caused in preferring the Misc. Application for restoration of First Appeal 2.

Mr S.S. Ghate, learned advocate for the appellant submitted that this appeal is preferred against the order passed by the Commissioner under Employees Compensation Act, and in view of Section 30 of the said Act and he has already deposited the 50% of the amount. Still some office objections were raised by the Registry, as the entire amount of compensation was not deposited, and the appeal is dismissed at registration stage.

3.

This order was not initially noted by the learned advocate and therefore, delay of 35 days is caused. Inadvertently, the said order is not noticed by the learned advocate. In view of rkn

33cao328.2023.odt the reasons mentioned in the application, delay of 35 days in filing the restoration application is condoned. Civil application is disposed of.

M.C.A. St. No. 4641/2023 1.

Keeping by it, on removal of the office objections and by keeping the point of payment of entire compensation of the amount is open, the appeal be restored by its original stage. Rest of the office objections shall be removed within one week. 2.

Misc. Civil Application is disposed of.

JUDGE Signed By:RAJESH K NANDURKAR rkn